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Faiz Mohammed Ahmed Al Kandari
| place_of_birth = Kuwait City | date_of_death = | place_of_death = | detained_at = Guantanamo | id_number = 552 | group = | alias = | charge = Charge October 2008 | penalty = | status = | occupation = | spouse = | parents = | children = }} Fayiz Mohammed Ahmed Al Kandari is a Kuwaiti citizen who has been detained in Guantanamo Bay since 2002. Al Kandari's Guantanamo detainee ID is 552. The US Department of Defense reports he was born on June 3, 1975 in Kuwait City. As of December 11, 2009, Faiz Mohammed Ahmed al Kandari has been held at Guantanamo for seven years seven months. He has been charged with war crimes.The Guantanamo Docket - Faiz Mohammed Ahmed al Kandari Identity There is another Guantanamo captive named Al Kandari, Abdullah Kamel Al Kandari. Both men faced the allegation that their names were found on a suspicious list. Detention in Bagram In the witness request he submitted to his Combatant Status Review Tribunal Faiz Mohammed Ahmed Al Kandari wrote about his interrogation in Bagrham . Combatant Status Review A Summary of Evidence memo was prepared for the tribunal, listing the allegations that led to his detainment. His memo accused him of the following: Faiz Muhammed Ahmed Al Kandari initially planned to participate in his Combatant Status Review Tribunal but changed his mind when the President of his Tribunal disallowed his request for witnesses. Witness requests The witnesses Faiz Muhammed Ahmed Al Kandari requested were his father and Sheikh Mohammead Wali Allah Arrahmani. In his witness request he explained his request thus: His Tribunal President ruled that his witnesses were not relevant. Missing evidence Faiz Mohammed Ahmed Al Kandari's Personal Representative wrote that the notebook he had been captured with, which his interrogators had consulted could not be located by those responsible for managing the evidence against the captives. Personal details from his family Faiz Mohammed Ahmed Al Kandari's family answered questions posed to them by the Tribunal. His family answered that he traveled to Afghanistan for charitable work. * His mother had cancer, his charitable efforts were influenced by his mother's serious disease. * He traveled by air. His family paid for his travel. * He had worked with the Salwa Charitable Committee. * Other than the Salwa Committee he never worked with any other NGO. * He phoned from Afghanistan several times. * He had traveled to Bosnia, for charitable work, in 1994. * He had previously traveled to Afghanistan, for charitable work, in 1997. * He had gone on family trips to Europe, and to Bahrain. * He had traveled on his own to Saudi Arabia, for religious purposes. Hearsay evidence The study entitled, No-hearing hearings, cited Al Kandari as an example of a captive for whom all the evidence against him was "hearsay evidence". The study quoted the Tribunal's legal advisor: The study commented: First annual Administrative Review Board hearing The factors for and against continuing to detain Al Kandari were among the 121 that the Department of Defense released on March 3, 2006. | title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Kandari, Faiz Muhammed Ahmed | date=2005-04-28 | pages=pages 31–33 | author=OARDEC | publisher=United States Department of Defense | accessdate=2009-07-31 }} The following primary factors favor continued detention The following primary factors favor release of transfer Transcript Faiz Muhammed Ahmed Al Kandari chose to participate in his first annual Administrative Review Board hearing. Letter from Neil H. Koslowe Faiz Muhammad Ahmed al Kandari's lawyer, Neil H. Koslowe, submitted a letter and 39 pages of letters from Kuwaitis to his Board, on January 31, 2005. His parents, siblings aunts, uncles, friends, neighbors all submitted letters testifying to his good character and assured the Board he had never shown any interest in extremism, and had never approved of violence. The package also included a letter from Abdulwahed M. Al Awadi, the local member of Kuwait's legislative assembly, and a family friend, who told the Board that he knew the captive personally, and could testify to his good character. Article From Lieutenant Colonel Barry D. Wingard Faiz Muhammad Ahmed al Kandari's lawyer, Lieutenant Colonel Barry D. Wingard is the detailed lead attorney from the Office of Military Commissions. Lieutenant Colonel Wingard recently submitted and had published an article about citing hearsey evidence against his client. Lieutenant Colonel Wingard said "Vague charges made it difficult to defend his client after he was assigned in October to represent a Kuwaiti named Fayiz al-Kandari". In trying to prepare his case, Lieutenant Colonel Wingard said: Second annual Administrative Review Board hearing A Summary of Evidence memo was prepared for Faiz al Kandari's second annual Administrative Review Board, on 3 July 2006. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release of transfer Transcript There is no record that Faiz Muhammed Ahmed Al Kandari chose to participate in his second annual Administrative Review Board hearing. Habeas Corpus In a recently conducted interview with TPMmuckraker, Mr. David Cynamon—a lawyer for four Kuwaiti Gitmo detainees who are bringing habeas corpus claims against the government. In the interview Mr. Cynamon said that the Justice Department has been consistently dragging its heels in the case, denying detainees their basic due process rights and furthering what he called the "abandonment of the rule of law." Cynamon's clients were picked up in the Afghanistan-Pakistan region in the period after the 2001 U.S invasion of Afghanistan. Asked whether he had observed a shift of any kind in the government's approach since the Obama administration came into office, Cynamon flatly replied In other Habeas Corpus related news, Two federal judges tasked with examining cases by five Guantanamo prisoners contesting their detention—a right to habeas corpus granted by the Supreme Court in June 2008—have made a rare public row of their impatience with government prosecutors. "Respondent's counsel violated all three orders," Judge Colleen Kollar-Kotelly wrote in an unusually harshly worded court document seen Wednesday April 8, 2009. Kollar-Kotelly was referring to an earlier decision that a government lawyer should be removed from the case of four Kuwaitis held at the US military prison in southern Cuba because the attorney repeatedly missed deadlines. In the memo she stated she wrote, adding that the court In even more Habeas Corpus news, a Federal Judge in Washington is on a tear against alleged bad lawyering by the Justice Department. In a stinging order issued today, Judge Colleen Kollar-Kotelly refused to reconsider an earlier and similarly scathing order requiring the Justice Department to replace the government's attorney responding to challenges several Kuwaiti men have brought to their imprisonment at Guantanamo Bay. How mad was the judge? Her salvo Monday uses the words "shockingly revisionist," "flippant" and "disingenuous" to describe the government's handling of the litigation. attorney Matthew Maclean said. On 12 December 2008 DoJ official John Battaglia filed a "NOTICE OF SERVICE OF UNCLASSIFIED, PROTECTED FACTUAL RETURN" with regard to Faez Mohammed Ahmed al-Kandari (ISN 552) in Civil Action No. 02-CV-0828 (CKK). Battaglia sought to have the unclassified factual return designated as "protected information". He added: "Respondents, however, do not object to petitioner’s counsel sharing the unclassified factual return with the petitioner-detainee in this case." US v. Al Kandari On 22 October 2008 the Office of Military Commissions filed charges against Al Kandari and Fouad Al Rabia. mirror On 1 July 2009, the Washington Post and the DoD edition called "The Early Bird" posted an article about Lieutenant Colonel Barry Wingard and Fayiz Mohammed Ahmed al Kandari, pertaining to the harsh treatment and enhanced interrogation techniques that Fayiz was continually subjected to. http://www.washingtonpost.com/wp-dyn/content/article/2009/06/30/AR2009063002897.html Repatriation On May 12, 2007, the Kuwait Times reported that Kuwait and the USA concluded negotiations regarding the repatriation of the remaining Kuwaiti captives. Nevertheless Khaled Al Mutayri, Fouzi Khalid Abdullah Al Awda, Fouad Mahoud Hasan Al Rabia and Faiz Mohammed Ahmed Al Kandari continue to be held as of August 1, 2009. US District Court Judge Colleen Kollar-Kottely ordered the immediate repatriation of Khaled Al Mutairi on July 29, 2009. According to The Jurist the habeas corpus cases for the other three men was expected to conclude in August and September 2009. See also *Al-Kandari tribe References External links * Resisting Injustice In Guantánamo: The Story Of Fayiz Al-Kandari Andy Worthington, 17 October 2009 * US Military Lawyer: Kuwait Needs to Speak Up on Guantánamo Andy Worthington, February 26, 2010 * Judge OK's indefinite detention of alleged bin Laden advisor. * Kuwaiti Family Committee website * Political Carnival-Part 3 website * Political Carnival-Part 4 website Category:1975 births Category:Bagram Theater Internment Facility detainees Category:Kuwaiti extrajudicial prisoners of the United States Category:Living people Category:People held at the Guantanamo Bay detention camp